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Trademark Lawsuit

Caesars Entertainment had filed for a trademark, “The Shoe,” to be used for entertainment services such as live concerts at the Horseshoe Cincinnati casino in 2013. The Ohio State University’s response was that “The Shoe” had referred to their football stadium since at least 1988. OSU went on to argue that Caesars use of “The Shoe” could dilute their trademark (OSU registered “The Shoe” as a trademark in 2006) and lead people to believe that Ohio State was endorsing the casino. Attorneys for Caesars have asked the U.S. Patent and Trademark Office to dismiss Ohio State’s claims. Caesar’s attorneys argued that in order for a trademark to qualify for protection, it must be a “’household name’ to all consumers across the United States” and that OSU must prove “that the mark has become the principal meaning of the word.”

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